HomeMy WebLinkAboutD_Modification_Decision_190712_v3_FINALDEPARTMENT OF COMMUNITY
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D_Modification Decision_190705_v3_FINAL
A. ADMINISTRATIVE MODIFICATION REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: July 12, 2019
Project File Number: PR19-000001
Project Name: Gill Modification
Land Use File Number: LUA19-000140, MOD
Project Manager: Alex Morganroth, Associate Planner
Owner/Applicant/Contact: Harjinder Gill, Majestic Homes LLC, 11827 SE 227 Pl, Kent, WA 98031
Project Location: 1001 N 33rd Pl
Project Summary: The applicant is requesting a modification from RMC 4-4-080 Parking, Loading
and Driveway regulations in order to allow for two proposed homes at 1001 N
33rd Pl (APN 3342102040) to utilize N 33rd Pl for vehicular access instead of the
alley ROW at the rear of the property. The site is located in the Residential- 8
du/ac (R-8) zone and has a Comprehensive Plan Land Use Designation of
Residential Medium Density (MD). Per RMC 4-4-080.F.7, for lots in the R-6 and
R-8 zone abutting an alley, all parking areas shall be located at the rear side of
the building and vehicular access shall be taken from the alley. The applicant
intends to divide the property into two separate lots and construct one new
single-family home on each lot. The applicant contends that they should not be
required to utilize the alley for access since most other homes on the block
already utilize N 33rd Pl for vehicular access. In addition, the applicant is wary of
disrupting fences and landscaping that adjacent property owners have planted
in the alley ROW. A sensitive slope is located near the SE corner of the
property.
Site Area: 0.023 acres
DocuSign Envelope ID: 8E8F2BDF-CFF2-4B0F-8A68-CC63C56484C9
City of Renton Department of Community & Economic Development
Gill Modification
Administrative Modification Report & Decision
LUA19-000140, MOD
Report of July 12, 2019 Page 2 of 5
D_Modification Decision_190705_v3_FINAL
B. EXHIBITS:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Modification Request Justification
Exhibit 3: Site Plan
C. PROJECT DESCRIPTION/BACKGROUND
The applicant intends to divide the existing lot into two new lots and construct one new single-family home on
each lot. The lots is adjacent to an existing unimproved alley ROW. Five other lots on the block already utilize an
improved portion of the alley to the east of the project site. In addition, two new homes to be located on parcel
numbers 3342102005 and 3342102010 to the east of the project site are required to utilize the alley for access
as a condition of a lot dimension variance approved in conjunction with a legal lot segregation (LUA17-000357).
D. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on June 21,
2019 and determined the application complete on the same day. The project complies with the 120-day
review period.
2. The applicant’s submittal materials comply with the requirements necessary to process the modification
request (Exbibits 1 and 2)
3. The project site is located at 1001 N 33rd Pl.
4. The project site is currently vacant.
5. Access to the site would be provided via N 33rd Pl and the alley at the rear of the site.
6. The property is located within the Residential Medium Density (MD) Comprehensive Plan land use
designation.
7. The site is located within the Residential-8 du/ac (R-8) zoning classification.
8. There are approximately nine (9) trees located on-site. The applicant did not propose the removal of any
trees as part of the modification applicatoin.
9. The site is mapped with sensitive slopes.
10. The applicant is proposing to begin construction in mid-2020 and end in early 2021.
11. Modification Analysis: The applicant is requesting a modification from RMC 4-4-080 in order to allow two
proposed single-family homes with alley ROW access to orient the garages towards N 33rd Pl and to allow
vehicular access from N 33rd Pl for both lots. The proposal is not compliant with the following modification
criteria, pursuant to RMC 4-9-250. Therefore, staff is recommending denial of the requested modification.
Compliance Modification Criteria and Analysis
Not compliant
a. Substantially implements the policy direction of the policies and objectives of the
Comprehensive Plan Land Use Element and the Community Design Element and
the proposed modification is the minimum adjustment necessary to implement
these policies and objectives.
Staff Comment: The purpose of requiring alley-oriented garages and vehicular alley
access in the R-6 and R-8 zones is to improve pedestrian safety, reduce the visual impact
DocuSign Envelope ID: 8E8F2BDF-CFF2-4B0F-8A68-CC63C56484C9
City of Renton Department of Community & Economic Development
Gill Modification
Administrative Modification Report & Decision
LUA19-000140, MOD
Report of July 12, 2019 Page 3 of 5
D_Modification Decision_190705_v3_FINAL
of garages on the street-scape, and increase the amount of green and pervious surfaces
in the front yard setback area. In the submitted justification, the applicant did not
provide any alternatives for vehicle access that would achieve similar objectives to those
of utilizing an alley.
In addition, the Comprehensive Plan Land Use Element includes a policy (L-50) intended
to promote a safe, healthy, and attractive community. Specifically, the policy states that
building and site design should "respond to specific site conditions such as topography,
natural features, and solar access to encourage energy savings and recognize the
unique features of the site through the design of subdivisions and new buildings”. The
Kennydale neighborhood is uniquely positioned to take advantage of the existing alley
ROWs that have not been vacated and provide enough width for vehicles to travel
within. Accessing the two new homes from the street would be a missed opportunity to
utilize the adjacent alley ROW, a unique site feature, and would not support
implementation of policy L-50 as it relates to taking advantage of specific site conditions
or characteristics. Therefore the applicant’s proposal for utilizing the street for access is
not consistent the policy direction in the Comprehensive Plan.
Not compliant
b. Will meet the objectives and safety, function, appearance, environmental
protection and maintainability intended by the Code requirements, based upon
sound engineering judgment.
Staff Comment: The applicant contends that inclement weather or an emergency
occurring within the alley would create the potential for safety hazards and therefore
alley access is not appropriate for the subject site.
Staff does not concur with the applicant’s assessment. Conversely, staff believes that
improving the alley would actually promote safety and function by reducing the
possibility of a vehicular/pedestrian conflict on N 33rd Pl, providing an additional access
point for the Renton Fire Authority or other response vehicles such as police vehicles, to
utilize during emergencies, and freeing up additional space on the road for street
parking. Based on the improved access to the subject lots created by the new paved
alley, a modification to waive this requirement would not meet the objectives of safety
and function as intended by the code.
Although not specifically addressed by the applicant, the appearance of the two
proposed houses would be substantially improved by locating the garages at the rear
of the homes. Garages located in the front of homes built to R-8 standards can result in
the creation of a blank façade due to the width needed for a double-bay garage
combined with the small lot width (50 feet). Garage doors generally create a “blank
wall” look that severely limits opportunities for modulation, material changes, or
meaningful glazing. By locating the garage at the rear of the structure, the front façade
of the homes would more easily meet the Residential Design Standards of RMC 4-2-115
by providing additional space for glazing, doors, and porches, as intended by the code.
Furthermore, RMC 4-2-115E.1. Garages states “The minimization of the visual impact of
garages contributes to creating communities that are oriented to people and pedestrians, as
opposed to automobiles”. Therefore the proposed modification would not meet the
objectives of safety, appearance, and function intended by the code requirements.
c. Will not be injurious to other property(ies) in the vicinity.
Staff Comment: The applicant contends that utilizing N 33rd Pl for vehicular access and
orienting the garage towards the street would not be injurious to the neighboring
properties, as the majority of nearby homes currently utilize the street for access.
DocuSign Envelope ID: 8E8F2BDF-CFF2-4B0F-8A68-CC63C56484C9
City of Renton Department of Community & Economic Development
Gill Modification
Administrative Modification Report & Decision
LUA19-000140, MOD
Report of July 12, 2019 Page 4 of 5
D_Modification Decision_190705_v3_FINAL
Staff concurs with the applicant that requested modification would not be injurious to
other properties in the vicinity.
Not compliant
d. Conforms to the intent and purpose of the Code.
Staff Comment: See comments under criterion ‘b’.
Not compliant
e. Can be shown to be justified and required for the use and situation intended; and
Staff Comment: The applicant did not address how accessing the two new homes from
the street instead of the alley is required for the proposed use and situation. Based on
the fact that the alley ROW is existing and does not require dedication, and that three
existing homes already utilize the alley for access, staff can find no evidence that
approval of the modification is required in order to complete the project. In addition,
building permits for two other homes that will utilize alley access were recently
approved on the same block as the subject site.
f. Will not create adverse impacts to other property(ies) in the vicinity.
Staff Comment: See comments under criterion ‘c’.
E. DECISION:
The proposal does not satisfy four of the six criteria listed in RMC 4-9-250 for approval of modifications.
Therefore, the Gill Modification (MOD), File No. LUA19-000140, MOD, is denied.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Jennifer Henning, Planning Director Date
TRANSMITTED on July 12, 2019 to the Owner/Applicant/Contact:
Owner/Applicant/Contact:
Harjinder Gill, Majestic Homes LLC
11827 SE 227 Pl, Kent, WA 98031
TRANSMITTED on July 12, 2019 to the Parties of Record:
None
TRANSMITTED on July 12, 2019 to the following:
Chip Vincent, CED Administrator
Brianne Bannwarth, Development Engineering Manager
Amanda Askren, Property Services
Vanessa Dolbee, Current Planning Manager
Rick Marshall, Fire Marshal
DocuSign Envelope ID: 8E8F2BDF-CFF2-4B0F-8A68-CC63C56484C9
7/12/2019 | 4:28 PM PDT
City of Renton Department of Community & Economic Development
Gill Modification
Administrative Modification Report & Decision
LUA19-000140, MOD
Report of July 12, 2019 Page 5 of 5
D_Modification Decision_190705_v3_FINAL
K. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION:
The administrative land use decision will become final if the decision is not appealed within 14 days of the decision
date.
APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing
Examiner on or before 5:00 PM on July 26, 2019. An appeal of the decision must be filed within the 14-day
appeal period (RCW 43.21.C.075(3); WAC 197-11-680), together with the required fee to the Hearing Examiner,
City of Renton, 1055 South Grady Way, Renton, WA 98057. RMC 4-8-110.B governs appeals to the Hearing
Examiner and additional information regarding the appeal process may be obtained from the City Clerk’s Office,
(425) 430-6510.
EXPIRATION: The Modification decision will expire two (2) years from the date of decision. A single one (1) year
extension may be requested pursuant to RMC 4-9-250.
RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by
the approval body. The approval body may modify his decision if material evidence not readily discoverable prior
to the original decision is found or if he finds there was misrepresentation of fact. After review of the
reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will
be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal
within the 14-day appeal time frame.
THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may
occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the
Hearing Examiner as well. All communications after the decision/approval date must be made in writing through
the Hearing Examiner. All communications are public record and this permits all interested parties to know the
contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of
this doctrine could result in the invalidation of the appeal by the Court.
DocuSign Envelope ID: 8E8F2BDF-CFF2-4B0F-8A68-CC63C56484C9
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE MODIFICATION REPORT & DECISION
EXHIBITS
Project Name:
Gill Modification
Land Use File Number:
LUA19-000140, MOD
Date of Report
July 12, 2019
Staff Contact
Alex Morganroth
Associate Planner
Project Contact/Applicant
Harjinder Gill, Majestic Homes LLC
11827 SE 227 Pl
Kent, WA 98031
Project Location
1001 N 33rd Pl
The following exhibits are included with the Administrative Modification Report:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Modification Request Justification
Exhibit 3: Site Plan
DocuSign Envelope ID: 8E8F2BDF-CFF2-4B0F-8A68-CC63C56484C9
City of Renton
Development Department
1055 S. Grady Way
Renton, WA 98057
5/21/19
To City of Renton Development Department,
My Name is Harjinder Gill. The address of the property that I own under my
company name (Majestic Homes LLC) is 1001 N 33rd Place Renton, Washington. It is a
10,200 square foot property with an older home on it. With this property I would like to
develop it into two short plats. This property was purchased in March 2019 and a
feasibility study was done that did not show any issues for facing Garage on 33rd place.
When I started developing this property I found that I have to develop an alley to Burnet
AVE on back of my property. At this point all of the garages within homes are facing 33rd
PL except two houses on corner of park avenue and 33rd place. The first house address
is 1121 33rd PL and second house is 1117 that are located on the corner of park avenue
and 33rd place. On east side of my property three houses, addressed as 1005, 1007,
and 1009 are brand new houses and their garages are facing 33rd place. On west side
of my property three houses (address numbers 909, 915, and 921) are in good
condition and have no plans to demolish in near future and build their garages facing an
alley. As stated above, all of the houses listed have their garages facing 33rd place and
not an alley way. The last house had an application to City of Renton for development
but again it’s a corner lot and they can get benefit from alley to prevent any traffic/
accidents.
With that being said, I will be the only one using that alley except the two last
houses that ones are on 33rd place and Burnet AVE. In the cases of snow, bad weather,
fire, and any permitted case of emergency that disrupts transportation this alley way can
be seen as a safety hazard. The house on back side of my property is at least 6 feet
elevation to property and have a retaining wall that issues a large slope. With these
conditions the alley way would have to be at a slope which further safety issues
regarding transportation and flooding. Each house on either side of my property have
fully fenced yards with complete landscaping down. With the development of an alley
way, the neighbor’s landscape and fencing will be disrupted and further be a burden
upon these people. With the requirement of the alley way development, there seems to
be more disturbances and safety issues versus actual benefit of having an alley way. I
will attach videos of the houses on that road showing house conditions and orientation
of the garage to further justify why I ask to face my garage on 33rd place. With this being
said, I would like to permission to waive the requirement of having an alley and allowing
the orientation of the garage to be facing 33rd place directly.
Sincerely,
Harjinder Gill
(206) 979-0920
Exhibit 2
DocuSign Envelope ID: 8E8F2BDF-CFF2-4B0F-8A68-CC63C56484C9
Exhibit 3
DocuSign Envelope ID: 8E8F2BDF-CFF2-4B0F-8A68-CC63C56484C9